NEW DELHI/ MUMBAI: Rejecting CBI’s plea, Portugal’s Supreme Court upheld its lower court’s decision that extradition treaty with India was violated in Abu Salem’s case by slapping of new charges against the underworld don that attract death penalty.
Reacting to the order, the CBI clarified on Tuesday that the Supreme Court has not cancelled the extradition of Salem and that only a technical point had been raised.
It also said the order is not expected to have any repercussions on the status of Salem and on the on-going trial against him in India.
The Supreme Court gave its order on Saturday while dismissing a CBI appeal against the lower court decision which had held that rules have been breached on extradition of 43-year-old Salem in 2005.
A CBI spokesperson said in New Delhi that the option of filing an appeal before the Constitutional Court in Portugal is available to the central investigating agency and it is likely to be exercised.
Following the pronouncement of the SC order, Salem, who is behind bars, moved a TADA court in Mumbai seeking closure of the trial against him in the 1993 Mumbai blasts case, saying continuing it will be illegal.
“We have moved an application seeking closure of trial as continuing with the trial will be illegal,” said Salem’s lawyer Rashid Ansari in Mumbai.
Salem’s plea is expected to come up on Wednesday.
Salem, the prime accused along with underworld don Dawood Ibrahim in 1993 Mumbai serial blasts, and his girl friend Monica Bedi were extradited to India on November 11, 2005, after a marathon legal process in Portugal lasting three years.
The extradition of Salem, who was also wanted in various cases including the murder of noted film producer Gulshan Kumar, came after an assurance by Indian government to Portugal that he would not be given death penalty, a key requirement in extradition proceedings in Europe.
“The Portuguese Supreme Court has upheld the decision of Court of Appeal, Lisbon vide which it had held that there was a breach of Rule of Speciality in the matter of extradition of Abu Salem.
There is expected to be no repercussion on status of Abu Salem and on the on-going trial against him. Trial Courts at Lucknow and Mumbai have rejected his petitions,” a CBI spokesperson said.
Salem had filed a petition in the High Court in Lisbon alleging violation of Rule of Speciality after which a judgement was pronounced on September 19, last year, saying there had been breach of the Indian undertaking given to the Portuguese authorities.
India had given an ‘executive assurance’ to Portugal that Salem will not be given death penalty or charged with any section of law which entails jail term of more than 25 years.
The CBI, through Ministry of External Affairs, had filed a plea in the Portuguese Supreme Court contending that it was a matter of interpretation of Rule of Speciality by the highest court of India, which was binding on all subordinate courts in the country, official sources said.
India had argued that the High Court in Lisbon had interpreted the rule differently.
In its appeal, India had said slapping of additional charges on Salem was very much within the ambit of Section 21(b) of Extradition Act, 1962 which stated that they could be imposed on an accused if they were of lesser offence under which the person had been extradited.
New Delhi had assured Portugal courts that fresh charges levelled against Salem, a key accused in the 1993 Mumbai blasts case, attracted less jail term than the offences for which he had been extradited, the sources said.
“The issue of ‘violation of Rule of Speciality’ has been examined at length by the Supreme Court of India on similar petitions filed by Abu Salem in India. (PTI)